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Thread: Another test of the castle doctrine

  1. #1
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    Another test of the castle doctrine

    Hi all:

    This appeared in todays Miami Herald: http://www.miamiherald.com/2011/10/2...ests-self.html

    Mike V.

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    Campaign Veteran skidmark's Avatar
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    It's quite telling that the newspaper article goes into detail about what Mr. Wonder did after the shooting.

    Some of the things he did may well be different from the "standard advice" we throw about regarding what to do or not do following a self defense shooting incident. But as his attorney notes, what he did after the incident does not effect whether or not the shooting itself met the "stand your ground" law's requirements for immunity from prosecution.

    Hopefully the DA in Fla knows the difference between what the law says and what he might feel about what the guy did afterwards.

    stay safe.
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    Regular Member MKEgal's Avatar
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    Pettit [cop], who was off duty at the time, followed Wonder [elderly citizen] into a post office parking lot and yelled at him before Wonder opened fire. Pettit’s daughter, 12 years old at the time, witnessed the shooting.
    Isn't it illegal to have firearms on PO property?

    Elderly man with health problems facing (apparently much younger, probably more fit) road rager who followed him to a safe, public place & was still verbally abusive...
    I'm leaning toward saying this was an appropriate use of force.
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    In addition, the road rager was an FBI agent off duty. As to the weapon on PO property, not that I know of, only inside.

    Mike V.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by mavidal View Post
    In addition, the road rager was an FBI agent off duty. As to the weapon on PO property, not that I know of, only inside.

    Mike V.
    Possession on USPS property is verboten, as is possession inside the building. Don't have the cite handy so will ask that you trust me on that. Or look up several civil suits under way for folks that do not have RFD and must go to the PO to get their mail to see what they are fighting against.

    Rule of Competing Harms comes into play. Road rage incident and alleged victim (yes, PC weasel-wording my way through here - just bear with it) pulls into the first/nearest convenient place to get off the road/away from the alleged assailant. Doing a Bad Thing to avoid a worse Bad Thing is recognized under common and case law as Not A Bad Thing.

    stay safe.
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    Regular Member Rich7553's Avatar
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    Quote Originally Posted by skidmark View Post
    Don't have the cite handy so will ask that you trust me on that.
    18 U.S.C. 930 is what they claim, however there is debate as to whether or not they are correct in using that citation.

    http://codes.lp.findlaw.com/uscode/18/I/44/930
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    930 is for a generic federal building or courthouse. 39CFR232.1 is the one with the prohibition on postal property.

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    Last edited by JoeSparky; 10-25-2011 at 06:28 AM.
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    Regular Member Rich7553's Avatar
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    Quote Originally Posted by JoeSparky View Post
    930 is for a generic federal building or courthouse. 39CFR232.1 is the one with the prohibition on postal property.

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    I stand corrected. Thank you Joe!

    The applicable rule says:

    (l) Weapons and explosives. No person while on postal property may
    carry firearms, other dangerous or deadly weapons, or explosives, either
    openly or concealed, or store the same on postal property, except for
    official purposes.


    The interesting clause is "except for official purposes". Since the Supreme Court has determined that the right to keep and bear arms for the purpose of self-defense is a fundamental and individual right, does that translate to an "official purpose"?
    Last edited by Rich7553; 10-25-2011 at 12:21 PM.
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  9. #9
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    Quote Originally Posted by Rich7553 View Post
    "official purpose"?
    That State generally means 'official' as something that they do... 'Official' is the word used to separate the 'only ones' from lowly, unwashed 'us.'

    Special, better than you, more deserving, superior, above, trumps your Rights, etc... That is what 'official' means.
    Last edited by ixtow; 10-25-2011 at 03:30 PM.
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